Research On The Criminal Trial System In Absentia In My Country From The Perspective Of Overseas Pursuit Of Fugitives And Asset Recovery

The criminal trial system in absentia in our country is designed on the basis of our country's judicial practice experience and has strong characteristics of Chinese socialist rule of law.It is also a supplement to the existing anti-corruption mechanism of tracking down corrupt persons fled abroad and recovering their ill-gotten gains.There are two main problems in our country's history in carrying out anti-corruption work.First,the domestic anti-corruption legal mechanism is not complete enough,domestic judicial resources have not been coordinated and integrated,internal law and international law are not effectively linked.These lead to difficulties without legal basis in the practice.Second,the lack of full use of international cooperation and mutual legal assistance channels,excessive reliance on domestic experience and INTERPOL in the practice,failure to take the initiative to grasp the right to speak,makes the work less efficient and difficult to advance.The establishment of the criminal trial system in absentia is to solve the above two problems at the legislative level,to solve the problem of the docking between domestic law and international law while promoting the establishment of the criminal mechanism against corruption in China,so that our country can take the initiative in the process of overseas pursuit.However,since the criminal trial in absentia system was formally established in China for more than two years,there is only one case that really applies to the flight of corrupt personnel,and it does not fully realize the expected application value of the system in the field of overseas pursuit.Therefore,it is necessary to combine with the existing international system to further improve the criminal absentee trial procedure in China and strengthen its practical role in the practice.This paper is divided into four parts to study and analyze the implementation of the criminal trial system in absentia.The first part summarizes the system connotation of criminal trial in absentia from three aspects: the concept of criminal trial in absentia,the legislative characteristics and the legislative purpose,and constructs the theoretical basis for the study;The second part is based on our country's criminal absentia trial system to fight corruption crime and strengthen the expected function of legislation to pursue stolen goods abroad,and discusses the practical significance and existing problems of the system in the overseas pursuit of stolen goods;The fourth part,based on the above problems and the requirements of linking up with the international system,puts forward four main aspects of the improvement of Chinese criminal absentee trial system.One is to strictly limit the scope of application,the other is to pay attention to the construction of the guarantee mechanism of litigation rights,the third is to appropriately reduce the standard of proof,and the fourth is to clarify the relationship with the special confiscation procedure.